ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under section 35 of the Consumer Protection Act 2019 for the deficiency in service in cancelling the already booked trip from Bangalore to Shirdi and failing to refund a sum of Rs.46,000/- along with interest @ 12%  per annum on the said amount and litigation costs of the proceedings and other reliefs and for such other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that; complainant for himself, his wife and daughter booked three tickets on 21.10.2021 to visit Shirdi on 27.11.2021 and 28.11.2021.  He approached OP for booking the tour and OP agreed to provide air tickets, transportation, hotel stay and for and charged Rs.32,700/- in all. He paid Rs.21,000/- on the very same day and agreed to pay the balance as and when demanded. Having received Rs.21,000/- OP issued the receipt cum booking form bearing No.119 dated 21.10.2021 mentioned the date of tour as 27.11.2021.  After receipt of the amount, there was no communication/information from OP regarding the booking of the air tickets, the hotel accommodation details etc. However on  21.11.2021 i.e. 6 days prior the commencement of the tour, when he contacted to OP through email to enquire about the details of the ticket and hotel accommodation, OP informed through email on 22.11.2021 that due to operational reasons, the trip plan revised by its airlines agent by giving new schedule and asking him to choose the dates and to confirm the same.

3.     At the time of booking, he has furnished bank account however on 23.11.2021 again, OP sought the same details by writing email and also seeking his confirmation for the revised date of tour or for seeking refund of the amount. On 24.11.2021 he informed OP that, he is not interested to accept the reschedule tour or the option given by the OP and sought for refund of Rs.21,000/- paid towards advance for booking the tickets and making accommodation and further sought Rs.25,000/- as damages for causing inconvenience and deficiency in service. Though he booked for the tour on 21.10.2021, no documents relating to the booking of the air ticket, hotel accommodation and VIP darshan was furnished to him. The airlines agent has revised the tour schedule and not the airlines. OP neither refunded the amount nor sent any details regarding the continuation of the tour and did not give any explanation/reasons for cancellation for tour or postponing the tour. He had to approach the other tour and travel agent to make arrangements to visit Shirdi on the particular day by paying Rs.39,000/- for the air ticket hotel accommodation and for the darshan, which costed him heavily. OP has not returned amount of Rs.21,000/- and also damages as claimed. Hence there is deficiency in service on the part of OP and prayed to allow the complaint.

4.     Upon the service of notice, OP did not appear before the commission and hence placed exparte.

5.     In order to prove the case, complainant filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

6.     Our answers to the above points are:-

POINT NO.1 :   IN THE AFFIRMATIVE.

POINT NO.2 :   PARTLY IN THE AFFIRMATIVE.

                        For the following.

REASONS

POINT No.1:-

7.     On perusing the complaint, documents, evidence filed by the complainant, it becomes clear that in particular from Ex.P1 that the complainant  booked three (3) tickets for himself, his wife and daughter for visiting SHIRDI on 27.11.2021 and 28.11.2021 and the booking date was done on 21.10.2021. The email correspondence produced at Ex P3 reveals the details of the booking as well as postponing the tour from that day to some other day by seeking the consent of the complainant for change of date of the tour. It is mentioned therein by the complainant that the said tour was a customized tour for his family, whereas the airlines agent changed package type tour from Individual to group and OP all the while as per the correspondence, did not provide the details of the air tickets, the flight details, the accommodation details in the hotel at SHIRDI, and also the time of darshan of SAIBABA. When this is taken into consideration and as per the broachers produced, it is the duty of OP to book the flight ticket provide hotel accommodation, and also VIP darshan and breakfast and providing tour guide and additional temple visits if any.  Which OP failed to carryout.

8.     Ex P4 is the tax invoice issued by SAI SHISHIR TOURS wherein the complainant booked ticket for himself, for his wife and daughter to got to SHIRDI through Air Asia airlines from Bangalore to Mumbai and than from Pune To Bangalore.  For which they have paid Rs.39,000/-.  In view of the OP seeking change of the tour date for no better reasons or acceptable reasons which are beyond its control we are of opinion that the same amounts to deficiency in service and further changing customized tour as a group tour amounts to illegal and unfair trade, in order to make/save money and hence answer we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:

9.     OP is bound to refund Rs.21,000/- which it has received from the complainant on 21.10.2021 along with interest at 12% per annum from the said date till payment of the entire amount.

10.   The act of OP informing the complainant to change the date of travel just six (6) days prior to the date of departure naturally put the complainant and his family member under mental tension and inconvenience and also under anxiety. They had to make their own arrangement in the last hour of travel by paying additional money for the tour, for which we hold OP responsible and direct OP to pay a sum of Rs.25,000/- as damages  and Rs.10,000/- towards litigation expenses and hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and  pass the following:

ORDER

1.    Complaint is allowed in part with cost.
2.    OP  “M/S SRI SAIRAM SUBHAYATRA TOURS AND TRAVELS” represented by its Manager/Authorized Signatory is hereby is directed to refund Rs.21,000/- to the complainant along with interest at 12% per annum from 21.10.2021till payment of the entire amount.
3. OP is further directed to pay Rs.25,000/- towards damages and Rs.10,000/- towards litigation expenses to the complainant.
4. OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open commission on this 31^st DAY OF MARCH 2022)

MEMBER                 MEMBER        PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Receipt cum booking form.

Ex P2: Tax invoice

Ex. P3: Copy of the email correspondences.

Ex P4: Tax Invoice.

Ex P5: Ticket details.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                 MEMBER        PRESIDENT

RAK*